Title 8, Criminal Procedure

This Article may be cited as the “DNA Profiling Act”.

(a) Any person convicted of any of the following offenses shall submit to deoxyribonucleic acid (DNA) testing for law enforcement identification purposes: (1) A violation of Chapters 25 and/or 25.01 of Title 9, Guam Code Annotated; and/or (2) A violation of Chapter 13 of Title 9,…

DNA Sampling. Reports from tests performed pursuant to § 120.202 shall be maintained by the central criminal records repository of the Criminal Records Division of the Guam Police Department.

All biological samples for DNA profile information typing that is provided to the Guam Police Department pursuant to the Guam Sex Offender Registry or this Chapter shall be submitted for analysis and entry of the resulting DNA profile into the Combined DNA Index System (CODIS), a…

(a) The Guam Police Department (GPD) shall determine the optimum operational requirements for administration of the program authorized by this Article. Such options that GPD may consider include, but not necessarily be limited to: (1) procuring the services of a third-party labor…

to Seize Property or Money. Where a verdict (or findings) contains a finding of property subject to a criminal forfeiture, the judgment of criminal forfeiture shall authorize the Attorney General to seize the interest or property subject to forfeiture, fixing such terms and condi…

Sentence Imposed. Before imposing sentence the court shall afford counsel an opportunity to speak on behalf of the defendant and shall address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of p…

After imposing sentence in a case which has gone to trial on a plea of not guilty, the court shall advise the defendant of his right to appeal and of the right of a person who is unable to pay the cost of appeal to apply for leave to appeal in forma pauperis. There shall be no du…

Same. After a judgment of conviction has been entered pursuant to § 120.18, the clerk shall deliver a certified copy of such judgment to the officer whose duty it is to execute such judgment, and no other warrant or authority is necessary to justify or require its execution. NOTE…

If the judgment requires either partial or total confinement, the defendant shall forthwith be committed to the custody of the Director of Corrections or his authorized representative and by him detained until the judgment is complied with. NOTE: Section 120.38 supersedes former …

A motion to withdraw a plea of guilty or nolo contendere may be made only before sentence is imposed or imposition of sentence is suspended; but to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw hi…

The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence. The court may reduce a sentence within one hundred twenty (120) days after the sentence is imposed, or with…

Clerical mistakes in judgments, orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time and after such notice, if any as the court orders. NOTE: Section 120.50 is identical to former Rule 36. See al…

Criminal Sexual Abuse and Services to Victims of Criminal Sexual Conduct. (a) Any person convicted of criminal sexual conduct shall submit to the necessary medical examinations for determining whether such convicted person is infected with the Human Immunodeficiency Virus (‘HIV’)…